First offense driving under the influence mandatory counseling.
be amended to read as follows:
Any person convicted of a first offense pursuant to § 32-23-1 with a 0.17 percent
or more by weight of alcohol in the person's blood shall, in addition to the penalties provided in
§ 32-23-2, be required to undergo a court-ordered evaluation
by a chemical dependency counselor
as defined in
34-20A-2 or a licensed or certified health care professional with specialized training
in chemical dependency evaluation
to determine if the defendant is chemically dependent. The cost
of such evaluation shall be paid by the defendant.
The recommendations of the evaluation shall be
provided to the referring judge.